Legal Question in Family Law in Texas
My husband filed for divorce in June of 2008. He wanted his uncle to be the reprsenting attorney, so he filed outside of his county of residence. The divorce became final July of 2009, but is there anyway to prove it illegal? Since he filed outside of his county of residence?
1 Answer from Attorneys
A divorce can be filed in any county where either of the two parties resided for three months. So if you resided in the county where the divorce was filed and lived in Texas for six months, venue is still proper.
If neither party resided for the propert period in the county where the divorce was filed and the divorce has been granted and nobody raised the issue of jurisdiction, that defect has probably been waived.
Suggest you consult an appellate attorney in your area.
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